Birmingham News Co. v. Lester

Action in damages for injuries to person and property in an automobile collision at a street crossing in the city of Birmingham.

Verdict for plaintiff was, on his motion, set aside and new trial granted for inadequacy in the amount of damages awarded.

The appeal, designed to reinstate the verdict and judgment thereon, presents no question other than the propriety of the order granting new trial upon the ground stated.

The judgment of the trial court granting a new trial upon a consideration of the evidence will not be reversed “unless the evidence plainly and palpably supports the verdict.” Cobb…